Part 4 - Germany: Law, Government, Freedom pp. 795-967 et conclusion

Animation by: HÉLÈNE MAYRAND (Sherbrooke)

Commentators : ALEXANDRA KEMMERER (Max Planck Institute for Comparative Public Law and International Law), RENÉ LEMIEUX (Sherbrooke)

With Martti Koskenniemi

Date and place :  Thursday, March 24th, 10 AM to 12 PM

Online (via Teams).

Summary :  The Center for Studies on International Law and Globalization (CEDIM) and the Laboratory for Critical Research in Law (LRCD) invite you to this last meeting around the latest book by Professor Martti Koskenniemi entitled To the Uttermost Parts of the Earth: Legal Imagination and International Power 1300–1870 was recently published by Cambridge University Press in Great Britain. Come discuss and reflect with us and ask your questions to the very author of the book, Professor Koskenniemi!

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Presentator: Thomas Windisch (Université de Sherbrooke)

Summary: The communication will present a method aimed at promoting the reflexivity of the legal researcher with regard to his own discourse. This production method relies on narrative processes to accentuate the fictional character of scientific discourse. Thus, the researcher, at the end of the reformulation of the reading pact between himself and his reader, becomes a narrator addressing a narratee.

Starting from the premise that the object of legal knowledge is "legal discourse", in all its forms (laws, jurisprudence, doctrine, etc.), it is possible to admit the fictitious nature of law as textual material. Based on this postulate, scientific production in law, written as a literary work, has certain virtues. Among them, a possible answer (among many others) to the epistemological problem concerning the conditions of objectivity of researchers in law. More specifically, the constructivist stance has allowed jurists to broaden their field of study and develop methods of critical analysis (including interdisciplinary methods) to resolve contemporary legal issues. However, constructivism carries the risk of too much subjectivity on the part of researchers, because the method, but also the object of research, can be tailor-made according to a problem.

The methodological challenge then becomes to frame the relativism that stems from these subjective choices in order to cultivate a critical relationship to knowledge. A solution commonly claimed is the adoption of a reflective posture by researchers, i.e. the reflection of the individual vis-à-vis his own subjectivity throughout his research process. However, how to highlight these processes in the research, as presented to the interlocutors and interlocutors?

The proposed method of narration, claiming a relationship with the Law and Literature movement, will answer this question. It will be based on the example of the use of elements of a novelistic work, namely La vie mode d’emploi by Georges Perec, in the legal treatment of the theme of civil disobedience.

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Image: Bertall, Coupe d'un immeuble parisien, le 1 janvier 1845.

Source: https://journals.openedition.org/flaubert/2862

« Part 3 - Britain: Laws and Markets » (page 559 à 794)

Animation by  :  DEREK MCKEE (Montreal University)

Commentators : ILEANA PORRAS (Miami), GLEIDER HERNANDEZ (KU Leuven), JOSIANE RIOUX COLLIN (Sherbrooke University)

Thursday, February 24th, 2022, 9:00 am to 11:00 am

Online (via Teams)

Summary : The Center for Studies on International Law and Globalization (CEDIM) and the Laboratory for Critical Research in Law (LRCD) invite you to a series of four (4) reading circles devoted to Professor Martti Koskenniemi's latest book entitled To the Uttermost Parts of the Earth: Legal Imagination and International Power 1300–1870 very recently published by Cambridge University Press in Great Britain. This monumental work explores the role(s) played by the legal imagination in the construction and transformation of the international order between the 14th and 19th centuries. This book will obviously be of interest to jurists and internationalists and more broadly to historians as well as specialists in political philosophy and international relations.

Professors, students and interested persons from all university institutions in Quebec and beyond are, of course, welcome. The discussions will take place in French.

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Part 2: « France: Law, soverignty and revolution » (p. 349 à 558)

Animation by : OLIVIER BARSALOU (UQAM)

Commentators : ANNE-CHARLOTTE MARTINEAU (CNRS), DEREK MCKEE (Montreal University)

Friday, January 21st, 2022

Online (via Teams)

Summary: The Center for International Law and Global Studies (CEDIM) and the Laboratory for Critical Research in Law (LRCD) invite you to a series of four (4) reading circles dedicated to Professor Martti Koskenniemi's latest book entitled To the Uttermost Parts of the Earth: Legal Imagination and International Power 1300–1870 very recently published by Cambridge University Press in Britain. This monumental work explores the role(s) played by the legal imagination in the construction and transformation of the international order between the 14th and 19th centuries. This book will obviously be of interest to jurists and internationalists and more broadly to historians as well as specialists in political philosophy and international relations. Professors, students and interested persons from all university institutions in Quebec and beyond are, of course, welcome. The discussions will take place in French. For the first meeting, part 2 entitled "France: Law, sovereignty and revolution" will be discussed. Each of the meetings will be led by a different facilitator and will be commented on by a few previously assigned people. A question and comment session open to all will follow.

Clic here to join meeting

Thursday, December 9th, 12 pm to 4 pm

Faculty of law, Sherbrooke University (room A9-162), online (on Teams).

Animation : HÉLÈNE MAYRAND (Sherbrooke University)

Commentators: OLIVIER BARSALOU (UQAM), MIRIAM COHEN (Montreal University), DEREK MCKEE (Montreal University)

Partie 1: « Towards the Rule of Law » (pages 17 to 346)

Summary : The Center for Studies on International Law and Globalization (CÉDIM) and the Laboratory for Critical Research in Law (LRCD) invite you to a series of four (4) reading circles devoted to the latest work by Professor Martti Koskenniemi entitled To the Uttermost Parts of the Earth : Legal Imagination and International Power 1300–1870 was published most recently in Cambridge University Press in Great Britain. This monumental work explores the role (s) that the legal imagination played in the construction and transformation of the international order between the 14th and 19th centuries. This book will obviously be of interest to jurists and internationalists and more broadly to historians as well as specialists in political philosophy and international relations.

Professors, students and interested persons from all Quebec university institutions and beyond are, of course, welcome. Discussions will take place in French.

For the first meeting, part 1 entitled “Towards the Rule of Law” will be discussed. Each of these meetings will be led by a different facilitator and will be commented on by a few previously appointed people. A question and comment session open to all will follow.

Registration here

Friday, November 12th 2021, 11h30 am to 12h30 pm

Faculty of law, Sherbrooke University (room A9-162), online (onTeams).

Animation : BERTRAND LAVOIE, assistant professor, Faculty of law, Sherbrooke University

Summary : What place do we give to testimonies from legal subjects in our critical research? In this presentation, Professor Lavoie offers a theoretical and methodological reflection on the study of the critical capacities of legal subjects. The conference will first focus on a theoretical discussion concerning the integration of people's experiences into critical legal research in order to explore how testimonies, personal experiences and lived realities can inform our reflections. Secondly, the conference will discuss some methodological tips in order to achieve a rigorous and relevant analysis of the experiences of people who themselves test power relations in their daily lives.

Thursday, April 8, 2021

11:30 AM 12:30 PM

Microsoft Teams. Please contact us to register for this workshop at lrcd@usherbrooke.ca.

Presented by: FIONA SAGEAU, law student at the University of Sherbrooke.

Summary: The rate of reported sexual assault is significantly lower than that of other crimes in Canada: less than 5% as compared to 34% (Conroy and Cotter, 2017). Existing literature on the topic highlights that certain myths surrounding sexual assault influence the way the crime and its victims are perceived. This in turn hinders its social and legal acknowledgement. Using a comprehensive approach based on the sociology of Max Weber, this presentation will explore ideal-typical models of those myths. It will first explain the methodology behind their construction. Then, it will address their heuristic value as models for understanding a legal and social reality. More specifically, it will demonstrate how drawing from those myths leads to an understanding of the criteria for assessing the credibility of witnesses in trial decisions for cases of sexual assault.

Thursday, March 25, 2021

11:30 AM 12:30 PM

Microsoft Teams. Please contact us to register for this workshop at lrcd@usherbrooke.ca.

Presented by: MOUMOUNI KRISSIAMBA OUIMINGA, law student at the University of Sherbrooke.

Summary: There is, for each individual, some information which can allow to identify him/her as an identified or identifiable natural person in the information society. Positive law qualifies this information as "personal data". This definition is broad and currently under discussion. For example, the G29 noted the existence of "a certain degree of uncertainty and diversity in European practices" on important aspects of this concept and recognized the need to conduct an in-depth analysis. Moreover, Dominique Boullier argues that the concepts "personal data" and "privacy" are inoperative legal fictions. His colleague Yves Poullet rather considers that personal data, or at least their protection, is best understood as a derivative of the right to privacy, which is its foundation. However, the trend within the European Union and the Council of Europe is towards the consecration of an autonomous "quasi-constitutional" right to the protection of personal data which is distinct from the right to privacy. These considerations justify and place at the heart of the debate, the reflection on these concepts, their links and interactions. In our opinion, we consider that the definition of the concept "personal data" and its supposed basis no longer manage to grasp the whole reality, particularly the socio-economic reality of the digital ecosystem. Therefore, it seems important from an epistemic point of view to deepen the analysis by ontologically questioning even the concept and its foundation. The present workshop aims to take stock of the situation, to provoke reflection and possibly to suggest ways of advancing knowledge in the field.

Microsoft Teams : details to come.

This workshop will be presented by Thomas Windisch, masters law student at the University of Sherbrooke.

Summary: This presentation will question the conception of law underlying contemporary legal activity. The challenges that await the law of tomorrow accentuate the diversity of theoretical postures: artificial intelligence, globalization, lex electronica, climate crisis, and the notion of #justice, among others, put Western legal systems to the test. In this conjuncture, would the "law" be undergoing a metamorphosis? Rather, I would argue that, broken up, complexified, decadent, and fragmented, postmodern law is a confused moment of an adapting legal thought. Initially developed to analyze civil disobedience, the proposed meta-model would provide the legal community with an all-encompassing foundation for framing scientific research in line with what the “law” is, or rather no longer, today.

University of Sherbrooke Faculty of Law, Room A7-235

This workshop will be presented by Hélène Mayrand, professor at the Faculty of Law at the University of Sherbrooke

Summary: Details to come.

University of Sherbrooke Faculty of Law, Room A7-235

This workshop will be presented by Ann-Sophie Isabel, doctoral student at Faculty of Law of University of Sherbrooke.

This presentation will focus on the notion of adaptability and, most precisely, on the penal and social measures which result from it and which are presented as an alternative. The judiciarization of people with mental health problems in the justice system demonstrates the "inadequacy" of conventional ways (dissuasion, punishment, isolation, etc.) to deal with social problems (Dumais Michaud, 2017, MacDonald et al., 2014). In criminal and penal matters, various support programs in justice and mental health (PAJ-SM) have been instituted to offer a fairer penal treatment, and this, with the adaptability of the justice system and its interventions (Stratégie nationale justice et santé mentale, 2018 ; Ministère de la Justice du Québec, 2019). That said, what is the meaning of adaptability in criminal justice? Different institutional and governmental discourses will mainly be analyzed. Finally, the presentation will aim to reflect on the challenges of the proposed alternative, which remains the so-called adaptability of criminal justice, targeting the support programs in justice and mental health and for the implementation of various measures.

University of Sherbrooke Faculty of Law, Room A7-235

This workshop will be presented by Me Sarah-Maude Belleville-Chénard, doctoral student at McGill University Faculty of Law.

Summary: Intersectional thinking was originally developed by African-American women as a double critique: that of the feminist and of the anti-racist movements. Today, the theory of intersectionality is one of the critical discourses that are essential to the vitality of democratic debate. We will discuss the various aspects of intersectionality identified by the landmark author of intersectional thinking, Kimberlé Crenshaw, focusing on the situation of Aboriginal women. We will also discuss how the theory of intersectionality can be used advantageously in an interdisciplinary context.

University of Sherbrooke Faculty of Law, Room A8-122

This seminar will be presented by Mr. Enrique Alberto Prieto Rios professor at the Universidad del Rosario.

** This seminar will be presented in english **

This seminar explores the relationship that exists between the encryption of the legal discourse employed by the International Investment Law (IIL) system and the relations of power between the host state, the home state and Multinational Corporations that act as foreign investors. Accordingly, this paper argues that the encryption of the IIL discourse contributes to maintain patterns of hierarchy and domination that began in colonial times and which continues happening in present times. In this way, the investment discourse becomes an intelligible but authoritative body of knowledge that facilitates forms of monopoly of knowledge contributing to maintain unbalanced relationships of power.

University of Sherbrooke Faculty of Law, Room A7-235

This seminar will be presented by Mr. Nikolas Rajkovic, professor at Tilburg Law School

“The late critical geographer Brian Harley forewarned that modern cartography had come to control and even ‘imprison’ spatial understandings of the earth. Where does this leave international lawyers when they encounter a quintessential ‘World Map’? Quite bluntly: tied to an inscriptive institution that has embodied the modern legibility and visualization of earth space. When speaking about the global arrangements of economic and political power constituted through law, what emerges, therefore, is the need for an expanded spatial literacy among international lawyers that critically engages the graphic legacy and influence of the geometric map. To enhance that literacy, I reach beyond the doctrinal field to engage a powerful spatial critique that has thus far encompassed scholarship across geography, international relations (IR) and sociology. A critique that took impetus over 20 years ago with John Agnew's assertion that modern social science had become captured by a ‘territorial trap’. The article attempts to enrich that critique with Mark Salter's insight on material power, Marshall McLuhan's emphasis on the medium of communication, and Bruno Latour's critique of cartographic naturalism. Specifically, I introduce the concept of cartogenesis as a way of underlining the deeper legacy and consequence of modern cartography, and specifically how the map medium should be grasped as a historical actant that has inscribed a particular ‘ground map’ of international authority. Lastly, the article looks at how geometric mapping now confronts new inscriptive ordering in the forms of transnational lists and contracts, which assert a growing scale of authority over earth space to an extent not seen since the Mercator Projection was recognized as an overriding geographic model.” (Leiden Journal of International Law )

University of Sherbrooke Faculty of Law, Room A8-122

Details to follow

Details to follow

University of Sherbrooke Faculty of Law, Room A7-235

This workshop will be presented by Amélie Ouellet*, Nurse, M.Sc., Direction des programmes de déficience intellectuelle, trouble du spectre de l'autisme et déficience physique, CIUSSS de l'Estrie - CHUS. Lecturer in Care Ethics, School of Nursing, Health Campus, Université de Sherbrooke.

This presentation will address the ethical responsibility of nurses to defend the rights of adults with intellectual disabilities and their families in a hospital care setting. This vulnerable population will often see their situation become more vulnerable during hospitalization episodes. The nurse, both through her privileged role at the bedside and with her family and through her constant presence on the care units, must be able to defend the rights of these patients with more complex needs, who are not necessarily able to verbalize them as accurately as the general public. Moreover, this role is an integral part of the legislative context of nursing as a profession. This concept of advocacy was borrowed from the field of law and appeared in nursing literature around the 1970s as a form of denunciation of the paternalistic movement at this time. Several nursing authors attempted to define the concept of advocacy, but these definitions vary according to the context. Bu and Jezewski's (2007) theory, one of the two theories guiding our study, defines this concept as safeguarding patients' autonomy, acting for their well-being and acting as an advocate for social justice in the provision of health care. However, it appears that a lack of knowledge persists regarding the nursing role of advocacy, particularly among this clientele. In addition, recent scientific literature shows that several barriers to this role exist, including lack of nursing staff, overwork, lack of organizational support, etc... In order to better understand these gaps in nursing practice, our case study of this clientele, their families, nurses and managers aimed to describe the lived experience of these participants in a hospital setting. For the patient-family, the results obtained show that the advocacy experience remains contextually complex, both in terms of the particularities of their health situation and in terms of the nurse's mixed and partially accomplished advocacy experience. With respect to the lived experience of nurses and managers, their personal and professional characteristics shape this advocacy practice. The experiences of all these participants intersect with issues related to nursing ethical practice, nurse ethical education, managerial supervision and governance issues. The latter stem from the context of the reorganization of the health system and accentuate the situation of vulnerability of this clientele, further increasing the need to defend their rights. Our research results lead us to conclude that there is a need to renew the ethical competence of nurses and managers to optimize this advocacy role in order to improve the quality and safety of care provided to this clientele and their families whose needs are not adequately met.

* Under the direction of: Pre Chantal Doré, PhD, Associate Professor, School of Nursing, Institut universitaire de première ligne en santé et services sociaux, Université de Sherbrooke; Pre Louise O'Reilly, Nurse, PhD, Researcher and Consultant in the field of humanist practices, Visiting Professor, Institut et Haute École de la Santé La Source - HES-SO - Lausanne and Associate Professor, Université de Sherbrooke and Université de Montréal.